By Jo Anderson. Last Updated 15th November 2023. To be eligible to make a personal injury claim for compensation for PTSD in the UK, you will need to prove that your psychological injury was caused by a relevant third party breaching the duty of care they owed you.
Within this guide, we will discuss the various instances where you are owed a duty of care, and when you could be eligible to make a personal injury claim. We will also share a case study of a driver who was awarded £325k in compensation following a road traffic accident. This guide will also share information on the time limits you must adhere to when making a personal injury claim, and how compensation is calculated for successful cases. Additionally, we will discuss how one of our No Win No Fee lawyers could assist you with your case.
To receive free advice for your potential claim, you can contact our team of advisors. They are available to help you 24/7 and can be reached by:
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- PTSD Compensation Success Stories – Example Case Study
- Can I Claim PTSD Compensation?
- Time Limits When Claiming A PTSD Settlement
- What Evidence Do I Need To Claim For PTSD?
- Compensation For PTSD In The UK
- Claim Compensation For PTSD With A No Win No Fee Lawyer
- Useful Links Relating To Personal Injury Claims Payouts For PTSD
There are many PTSD compensation success stories, which may give hope to those eligible to launch a claim for this type of injury.
For example, in 2013, a driver received an out-of-court settlement for £325k after being involved in a road traffic accident with a lorry. The driver suffered a broken leg, a dislocated shoulder and PTSD due to the incident.
He could not return to his job as a mechanic for weeks while he recovered from his physical injuries, but suffered flashbacks of the accident and anxiety around driving.
Due to the significant effect on his daily life, the man received £325k for his post-traumatic stress disorder claim.
If you would like to discuss how such PTSD compensation amounts could be calculated, or you’d like to check your eligibility to claim, please contact an advisor.
What Payout For Post Traumatic Stress Disorder Was Awarded To The Claimant?
The amount awarded to conclude the case out of court was £325,000 in compensation for PTSD. The compensation included a payout for the post-traumatic stress disorder, injuries, medical and care costs, loss of earnings and future loss of earnings.
The case included lengthy negotiations before the defendant admitted liability and the settlement amount was agreed.
If you have suffered PTSD due to someone’s breach of their duty of care they have towards you, you could be eligible to claim compensation. There are various parties that owe you a duty of care. If breached, this could lead to you suffering a psychological injury.
Some examples of breaches that could lead to PTSD claims include:
- An employer – Your employer would owe you a legal duty of care under the Health and Safety at Work etc. Act 1974. They must take reasonable steps to protect you from suffering harm at work.
- An occupier of public premises – Under the Occupiers’ Liability Act 1957, those in control of public places have a duty of care towards members of the public using those places for their intended purpose.
- A road user – All road users have a duty of care to each other under the Road Traffic Act 1988. They must refer to rules and guidance contained in the Highway Code, and avoid causing harm to others and themselves by driving in a manner that minimises the risk of an accident.
Should you suffer a psychological injury due to another party breaching the duty of care they owed you, you may be able to make a personal injury claim.
Why not call our advisors for a free eligibility check on your case?
As well as meeting the relevant eligibility criteria when making a personal injury claim, you will also need to file your case within the correct time limit. Generally, you will have three years to start your claim, as stated in the Limitation Act 1980. This time limit runs from the date of the accident that caused your psychological or physical injury.
There are, however, certain exceptions that apply. For example, if a minor has suffered a psychological injury, the time limit is frozen until they turn 18. A litigation friend could start a personal injury claim on their behalf before the 18th birthday arrives.
For those who lack the mental capacity to make their own claim, the time limit is indefinitely frozen. A litigation friend could act on their behalf during this time. If they were to regain this mental capacity and a claim has not been started for them, they will have three years to do so, from the date of recovery.
To learn more about personal injury claims in the UK for PTSD, and the compensation rates that could be awarded, you can contact our advisors.
If you believe that you could have a valid PTSD claim in the UK, you will need evidence that supports your case. When claiming, you will need to provide evidence that you suffered a psychological injury and who was liable for it.
Useful evidence that could support a PTSD compensation claim could include:
- Photographs or CCTV footage of the incident that caused your PTSD.
- The contact details of any witnesses who saw the incident taking place.
- Any police reports or the accident book report log of the incident, if applicable.
- Proof of your injuries, such as a copy of your medical records stating your diagnosis.
- Proof of any costs and losses you’ve sustained due to your psychological injury, such as a copy of your payslips to prove any loss of earnings.
If you would like to learn more about evidence that could support a PTSD injury claim, please contact an advisor. They can also answer questions about PTSD compensation payouts and can check your eligibility to claim.
When making a personal injury claim, compensation for PTSD could include general and special damages. General damages compensate you for the pain and suffering that your injury has caused you. This includes both physical and psychological injuries.
To help you gain a clearer idea of how much you could receive in general damages, we have created the following table. The figures provided have been taken from the Judicial College Guidelines’ (JCG), most recent edition, released in 2022. The JCG is a document that provides compensation guidelines for different mental and physical injuries.
It is important to note that we cannot provide the average PTSD settlement following a successful claim. This is because the various factors affecting your claim will impact how much compensation you could receive. Therefore, you should only use this table as a guide. We should also note, that the first entry has not been taken from the JCG.
|Type of injury||Severity of injury||Notes||Compensation amount|
|Multiple Severe Injuries With Financial Losses||Severe||Compensation for several serious injuries including both mental and physical injuries and their financial losses such as lost wages.||Up to £200,000+|
|Psychiatric damage||Severe (a)||The person severely struggles to cope with working and social life, as well as maintain their personal relationships following a very poor prognosis.||£54,830 to £115,730|
|Psychiatric damage||Moderately severe (b)||Despite a more positive prognosis, the person will suffer significantly with various issues.||£19,070 to £54,830|
|Psychiatric damage||Moderate (c)||A good prognosis with significant improvements made after suffering with various issues.||£5,860 to £19,070|
|Psychiatric damage||Less severe (d)||Factors such as the impact on sleep will be taken into account when awarding compensation.||£1,540 to £5,860|
|PTSD||Severe (a)||All areas of the person's life will be negatively affected, with permanent issues that will stop them from working and functioning as they did before the trauma.||£59,860 to £100,670|
|PTSD||Moderately severe (b)||The person will suffer with a significant disability for the foreseeable future. However, there is room for some recovery with professional help.||£23,150 to £59,860|
|PTSD||Moderate (c)||A large recovery will have been made, with any persisting symptoms not being majorly disabling.||£8,180 to £23,150|
|PTSD||Less severe (d)||Within 1-2 years, the person will have virtually made a full recovery.||£3,950 to £8,180|
Do PTSD Compensation Payouts Include Special Damages?
PTSD compensation payouts could also include special damages. After all, you may have suffered out-of-pocket expenses due to PTSD. If so, and your claim is successful, you could claim for:
- Loss of income – if you haven’t been able to attend work due to your condition, you may have lost out on income. This could be compensated for under special damages.
- Travel expenses – you may have needed to attend medical appointments or meetings with your solicitor that come with travel costs.
- Care costs – if your condition is severe, you may need care at home.
- Medical expenses – costs for prescription medicines or for other medical care could be covered under special damages.
You will need to be able to prove that these expenses directly resulted from your PTSD to claim for them. Documents such as payslips, bank statements, bills and receipts could be vital in ensuring you get compensation for post-traumatic stress disorder-related costs.
If you’d like to learn more about the compensation you could receive for a successful claim, please contact an advisor.
One of our lawyers could assist you with making a personal injury claim for PTSD. Additionally, they may offer their services to you on a No Win No Fee basis with a Conditional Fee Agreement.
When making a claim with a lawyer under this arrangement, you will not have to pay them anything upfront for them to begin working on your case. You also won’t be required to pay them for their services while your claim is ongoing. Should your claim be unsuccessful, your lawyer won’t ask for a payment for the work they have provided on your claim.
However, if they succeed with your claim, you will pay them a success fee. This is a small percentage deducted from your compensation. There is a legal cap in place for how much this percentage can be.
To see if you could be eligible to work with one of our lawyers, you can contact our advisors. They can also help answer any questions you may have, such as, ‘What is the average PTSD car accident settlement amount in the UK?’
To connect with one of our advisors today, you can:
If you need any more information before seeking a payout for post-traumatic stress disorder here are useful links:
- NHS PTSD Information: An NHS guide to PTSD.
- Mind.org – UK Charity specialising in mental health issues, guide to PTSD.
- PTSD Compensation Claims – Our guide to claiming compensation for PTSD.
We hope this case study covering personal injury claims payouts for PTSD has been useful. If you’ve been through a traumatic event that wasn’t your fault and suffered symptoms of PTSD or another psychological disorder, we could help.
We could assist those suffering from post-traumatic stress disorder, such as those in the armed forces, through the claims process. Accident Claims UK can assist whether they’ve had a full recovery or not. We could fight for the maximum PTSD compensation payouts for your claim.